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Report Link Guidelines For Investigation of "Salting" Claims Issued.Ogletree Deakins - April 01, 2008 On February 15, 2008, the Office of the General Counsel for the National Labor Relations Board (NLRB) issued two guideline memoranda to Regional Directors, Officers-in-Charge, and Resident Officers, outlining the NLRB's rationale in two recent decisions, and providing guidance for analyzing, investigating, and pleading union "salting" claims in light of those decisions. Report Link NLRB Requires Applicants Show a Genuine Interest in Employment to be Protected by NLRA.Ford & Harrison LLP - October 09, 2007 The National Labor Relations Board (NLRB) recently issued four decisions that are good news for both unionized and union-free employers. This Alert addresses the holding in Toering Electric Co., Cases 7-CA-37768, 7-CA-39093, and 7-CA-39205 (Sep. 29, 2007), a 3-2 decision critical of the union practice of submitting batch applications by union “salts” uninterested in actually working for the targeted employer. Recognizing that these applications are frequently submitted for the sole purpose of generating meritless unfair labor practice charges, the Board held that such individuals are not protected by the NLRA’s prohibition on discrimination. “In our view submitting applications with no intention of seeking work but rather to generate meritless unfair labor practice charges is not protected activity.” Report Link Construction Company's Discharge Of Union "Salt" Held Unlawful.Ogletree Deakins - June 28, 2007 The federal appellate court with jurisdiction over South Carolina employers recently ruled against a nonunion employer who fired an employee for dishonesty after he started distributing union materials. According to the Fourth Circuit Court of Appeals, there was sufficient evidence that the employer, which did not thoroughly investigate the dishonesty allegation, was motivated by anti-union animus. Report Link NLRB Adopts New Evidentiary Standard for Establishing "Salt" Backpay Period.Jackson Lewis LLP - June 14, 2007 The National Labor Relations Board has relieved employers of the burden of proving a union "salt" discriminatorily denied employment would not have worked the entire back pay period claimed by the NLRB General Counsel. In a 3-2 ruling, a Board majority, consisting of Chairman Robert J. Battista and Members Peter N. Kirsanow and Peter C. Schaumber, held that the General Counsel now will be required, "as part of his existing burden of proving a reasonable gross back pay amount due, to present affirmative evidence that the salt/discriminatee, if hired, would have worked for the employer for the back pay period claimed in the General Counsel's compliance specification." Report Link Fourth Circuit Enforces NLRB Order Supporting Union Salt.Ford & Harrison LLP - February 20, 2007 The Fourth Circuit Court of Appeals recently enforced an order of the National Labor Relations Board (NLRB or the Board), finding that an employer violated the National Labor Relations Act (NLRA) by terminating a union salt for alleged dishonesty. See Integrated Elec. Servs. d/b/a Primo Elec., 4th Cir., No. 05-2289, unpublished opinion 2/13/07. The decision by the typically conservative court illustrates the risk in being overzealous in enforcing workplace rules in order to eliminate open union supporters and thereby thwart organizing activity.
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